Article 25 Amendment Procedure

[Added 9-26-2005 by Ord. No. 05-07[1]]

Editor's Note: This ordinance also renumbered former Art. 25, Severability; When Effective, as Art. 26.

[Amended 11-13-2006 by Ord. No. 06-07]

The Township Board may from time to time, on recommendation from the Planning Commission or on petition, amend, supplement or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in the Michigan Zoning Enabling Act (Public Act 110 of 2006). Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body or any persons having a freehold interest in the subject property, or a possessor interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest entitled to exclusive possession or which is specifically enforceable.

285-25.2 Application for amendment.

Except those initiated by the Township Board or Planning Commission, a petition for an amendment to the text of this chapter or an amendment to change the zoning classification of a particular property shall be commenced by filing a petition for Zoning Ordinance amendment on such forms and accompanied by such application fees as may be specified. Said petition shall explicitly describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a plan drawing prepared in accordance with the standards set forth below.

Where a petition for rezoning involves a single-family residential use, the following information shall be included on all plan drawings, where applicable:

(1)

Applicant's name, address, and telephone number.

(2)

Scale, North point, and dates of submission and revisions.

(3)

Zoning classification of petitioner's parcel and all abutting parcels.

(4)

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site.

(5)

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

(6)

Dimensions, center lines, and right-of-way widths of all abutting streets and alleys.

(7)

Location of existing drainagecourses, floodplains, shorelines, wetlands and woodlands.

(8)

All existing and proposed easements.

(9)

Location of sanitary sewer.

(10)

Location and size of water mains, transformers, and generators.

(11)

A written description of how the requested rezoning meets the criteria for amendment of the Official Zoning Map contained in this article.

(12)

If any of the items listed are not applicable to a particular plan drawing, the applicant shall specify on the plan drawing which items do not apply, and furthermore, why the items are not applicable.

Where the petition for rezoning involves a multiple-family or nonresidential use, in addition to all of the above information, the following information shall be included on all plan drawings:

(1)

Location of existing drainagecourses, floodplains, lakes and streams, and woodlots;

(2)

All existing and proposed easements;

(3)

Location of sanitary sewer or septic systems, existing and proposed;

(4)

Location and size of water mains, wells, transformers, generators, and building service, existing and proposed; and

(5)

An applicant for a rezoning may voluntarily offer certain conditions and limitations as part of the rezoning application (hereafter referred to as "zoning agreement"). The offer for a zoning agreement shall either be submitted at the time the rezoning application is filed or may be submitted following the initial meeting with the Planning Commission prior to the public hearing. An election to file a rezoning with a zoning agreement shall be in writing and shall be pursuant to the Township Zoning Act, specifically M.C.L.A. § 125.286i, as amended, and § 285-25.4 below. When necessary, the zoning agreement shall also include and incorporate, by reference, a conceptual site plan. This plan shall not replace the requirement for a site plan review and approval as outlined in Article 21, which shall be conducted following the Township Board's approval of the rezoning. The Township may voluntarily accept the offer for a zoning agreement, but shall not be obligated to accept such offer.

285-25.3 Review procedures.

[Amended 11-13-2006 by Ord. No. 06-07]

After the completed petition and all required supporting materials have been received and review fees paid, the petition shall be reviewed in accordance with the following procedures:

Initial meeting with the Planning Commission.

(1)

Following submittal of an application for rezoning, the applicant shall meet with the Planning Commission at a regularly scheduled meeting to introduce the proposed rezoning and receive comments on issues and the need for additional material to evaluate the impacts of the rezoning, such as a traffic or environmental studies. No formal action shall be taken at this meeting.

(2)

Based upon information provided by the Planning Commission, the applicant may submit additional material in support of the rezoning petition. At this time, the petitioner may also submit a zoning agreement that meets the requirements of § 285-25.5 below to be considered along with the application for rezoning, provided that the Township may not require the petitioner to submit an agreement as part of the rezoning petition if the petitioner does not choose to do so.

Planning Commission public hearing. The petition shall be placed on the agenda of the Planning Commission for a public hearing. The Planning Commission shall review the petition for amendment in accordance with the procedures and public notice and hearing requirements set forth in § 285-24.6.

Zoning agreements. Where the applicant has offered a zoning agreement, the following shall be completed prior to the Planning Commission making a recommendation to the Township Board:

(1)

The zoning agreement may be amended in response to comments raised during the public hearing, provided that any amended or additional agreements are voluntarily offered by the applicant and they are in direct response to discussion at the public hearing.

(2)

The zoning agreement shall be reviewed by the Township Attorney prior to the Planning Commission making a recommendation to the Township Board on the rezoning application. The Township Attorney shall determine that the zoning agreement conforms to the requirements of § 285-25.5 below and the Township Zoning Act, as amended, and shall confirm that the zoning agreement is in a form acceptable for recording with the County Register of Deeds.

(3)

Should the Planning Commission determine that revisions to the zoning agreement are of such a substantial nature or effect that they are significantly different from the initial zoning agreement reviewed at the public hearing, the Planning Commission shall have the option to hold another public hearing on the zoning agreement.

Action by the Planning Commission. Following the hearing on the proposed amendment, the Planning Commission shall make written findings of fact which it shall transmit together with the comments made at the public hearing, any zoning agreement, only if offered by the applicant, and its recommendations to the Township Board.

Submission to County Planning Department. Following the hearing, the petition shall be submitted to the Wayne County Planning Department for review and recommendation. If a recommendation from the County Planning Department has not been received within 30 days, it shall be presumed that the County has waived its right for review and recommendation.

Action by the Township Board.

(1)

Following the submission of Planning Commission recommendation, the Township Board may hold additional hearings if the Township Board considers it necessary. Pursuant to Michigan Public Act 110 of 2006, the Township Board may by majority vote of its membership:

(a)

Adopt the proposed amendment;

(b)

Reject the proposed amendment; or

(c)

Refer the proposed amendment back to the Planning Commission for further recommendation within a specified time period. Thereafter, the Township Board may either adopt the amendment with or without the recommended revisions, or reject it.

(2)

If a zoning agreement has been offered by the applicant and recommended for approval by the Planning Commission, the Township Board may approve the zoning agreement if it meets all requirements of § 285-25.5 below. Revisions may be made to the zoning agreement, provided that if the revisions are of such a substantial nature or effect that they are significantly different from the zoning agreement reviewed by the Planning Commission, the Township Board shall remand the matter back to the Planning Commission to hold a public hearing on the zoning agreement, as revised, and to resubmit a revised report and recommendation to the Township Board. If an applicant proposes a zoning agreement after the Planning Commission has made a recommendation on the rezoning request, the Township Board shall first remand the application back to the Planning Commission to hold another public hearing on the rezoning and proposed zoning agreement and resubmit a report and recommendation to the Township Board. Upon approval, the zoning agreement shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning.

Enactment.

(1)

Following adoption of an amendment by the Township Board, one notice of adoption shall be filed with the Township Clerk and one notice shall be published in a newspaper of general circulation in the Township within 15 days after adoption, and shall take effect upon the expiration of seven days after publication in accordance with Section 401(6) and (7) of Michigan Public Act 110 of 2006.

(2)

A record of all amendments shall be maintained by the Township Clerk and the Zoning Administrator. A master Zoning Map shall be maintained by the Zoning Administrator, which shall identify all Map amendments by number and date.

(3)

Following rezoning, all applicable approvals must be obtained prior to initiating any development of the site, which may include site plan approval under Article 21, special land use approval under Article 22, subdivision plat approval under Chapter 238, Subdivision Control, or condominium approval under Chapter 71, Condominium Projects.

Zoning agreement. All of the following shall apply to a rezoning that was approved along with a zoning agreement:

(1)

The zoning classification of the rezoned property shall consist of the district to which the property has been rezoned, plus a reference to the zoning agreement. The Zoning Map shall specify the new district, plus a small letter "a" to indicate that the property is subject to a zoning agreement (i.e., "R-1-A-a").

(2)

The Township Clerk shall maintain a listing of all properties subject to zoning agreements and shall provide copies of the agreements upon request. The approved zoning agreement shall be recorded by the applicant with the County Register of Deeds.

(3)

Unless extended by the Township Board for good cause, the zoning agreement and associated rezoning shall expire two years after adoption of the rezoning and zoning agreement, unless substantial construction on the approved development of the property, pursuant to building and other required permits issued by the Township, commences within the two-year period and proceeds diligently towards completion.

(4)

In the event that substantial construction on the approved development has not commenced within two years, the zoning agreement shall be void and of no effect.

(5)

Notwithstanding the above, if the property owner applies in writing for an extension of the zoning agreement at least 50 days prior to the expiration date, the Township Board may, after recommendation by the Planning Commission, grant an extension of up to one year. No further extensions may be granted.

(6)

Should the zoning agreement become void, all development on the subject property shall cease, and no further development shall be permitted. Until action satisfactory to the Township is taken to bring the property into compliance with the zoning agreement, the Township may withhold or, following notice to the applicant and being given an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of any other lawful action to achieve compliance.

(7)

If the rezoning and zoning agreement become void as outlined above, then the land shall revert back to its original zoning classification as set forth in Section 405 of the Michigan Zoning Enabling Act, Public Act 110 of 2006. Such reversion shall be initiated by the Township Board with notice and hearing as required for rezonings by the Township Zoning Act and this chapter.

(8)

Any amendment to the zoning agreement following the original approval by the Township Board shall require a public hearing by the Planning Commission and a recommendation to the Township Board, in the same manner as was prescribed for the original rezoning and zoning agreement.

285-25.4 Criteria for amendments.

Criteria for amendment of the Official Zoning Map. The Planning Commission and Township Board shall, at minimum, consider the following before taking action on any proposed rezoning:

(1)

Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Chapter?

(2)

Will the proposed amendment be consistent with the goals, policies and future land use map of the Grosse Ile Township Master Plan? If conditions have changed since the Master Plan was adopted, will the proposed amendment be consistent with recent development trends in the area?

(3)

Have conditions changed since the Zoning Chapter was adopted, or was there a mistake in the Zoning Chapter that justifies the amendment?

(4)

Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?

(5)

Is the proposed zoning consistent with the zoning classification of surrounding land?

(6)

Could all requirements in the proposed zoning classification be complied with on the subject parcel?

(7)

Is the proposed zoning consistent with the trends in land development in the general vicinity of the property in question?

(8)

Is the proposed zoning compatible with the site's physical, geological, hydrological and other environmental features with the host of uses permitted in the proposed zoning district?

(9)

Is there evidence the applicant cannot receive a reasonable return on investment through developing the property with one of the uses permitted under the current zoning?

(10)

Are all the potential uses allowed in the proposed zoning district compatible with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values?

(11)

Is the capacity of Township utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the Township?

(12)

Is there sufficient capacity in the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district?

(13)

If a rezoning is appropriate, is the requested zoning district considered to be more appropriate from the Township's perspective than another zoning district?

Criteria for amendment of the Official Zoning Chapter text. The Planning Commission and Township Board shall, at minimum, consider the following before taking action on any proposed amendment:

(1)

Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Chapter?

(2)

(3)

Have conditions changed since the Zoning Chapter was adopted, or was there a mistake in the Zoning Chapter, that justifies the amendment?

(4)

Will the amendment correct an inequitable situation created by the Zoning Chapter, rather than merely grant special privileges?

(5)

Will the amendment result in unlawful exclusionary zoning?

(6)

Is there documentation from Township staff or the Zoning Board of Appeals indicating problems and conflicts in implementation or interpretation of specific sections of the chapter?

(7)

Will the proposed amendment address changes to the state legislation?

(8)

Will the proposed amendment address potential legal issues or administrative problems with the Zoning Chapter based on recent case law or opinions rendered by the Attorney General of the State of Michigan?

(9)

Will the proposed amendment promote compliance with changes in other Township ordinances and County, state or federal regulations?

(10)

Is the proposed amendment supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items?

285-25.5 Zoning agreements.

[Amended 11-13-2006 by Ord. No. 06-07]

Zoning agreement. An applicant for a rezoning may voluntarily offer a zoning agreement along with an application for rezoning. An election to file a rezoning with a zoning agreement shall be pursuant to Section 405 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, and this article. The conditions set forth in the zoning agreement must be voluntary and equally or more restrictive than the regulations that would otherwise apply under the proposed zoning district. The zoning agreement shall be a written agreement that is approved and executed by the applicant and the Township and recorded with the County Register of Deeds. When necessary, the zoning agreement shall also include and incorporate, by reference, a site plan. This plan shall not replace the requirement for a site plan as outlined in Article 21. The zoning agreement must be voluntarily offered by the applicant, and the Township shall not have the authority to require a petitioner for rezoning to offer such agreement and shall not have the authority to require modification to a zoning agreement without the consent of the petitioner, provided that the Township shall not enter into a zoning agreement that is not found acceptable to the Township Board.

Scope of agreement. The zoning agreement may include limitations on the uses permitted on the property in question, specification of lower density or less intensity of development and use, or may impose more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features. The zoning agreement may not authorize uses or developments of greater intensity or density or which are not permitted in the proposed zoning district; nor may a zoning agreement permit variances from height, area, setback or similar dimensional requirements that are less restrictive than the proposed zoning district. The zoning agreement may include conditions related to the use and development of the property that are necessary to:

(1)

Serve the intended use of the property, such as extension of or improvements to roadways, utilities or other infrastructure serving the site;

(2)

Minimize the impact of the development on surrounding properties; and

(3)

Preserve natural features, historic resources and open space.

Content of agreement. In addition to any limitations on use or development of the site, preservation of site features or improvements described in Subsection B above, the zoning agreement shall also include the following:

(1)

Acknowledgement that the zoning agreement was proposed voluntarily by the applicant and that the Township relied upon the agreement and may not grant the rezoning but for the terms spelled out in the zoning agreement.

(2)

Acknowledgement that the zoning agreement and its terms and conditions are authorized by all applicable state and federal law and constitution, and that the zoning agreement is valid and was entered into on a voluntary basis.

(3)

Agreement and understanding that the property shall only be developed and used in a manner that is consistent with the zoning agreement.

(4)

Agreement and understanding that the approval of the rezoning and the zoning agreement shall be binding upon and inure to the benefit of the property owner and the Township, and also their respective heirs, successors, assigns, receivers or transferees.

(5)

Agreement and understanding that, if a rezoning with a zoning agreement becomes void in accordance with this section, that no further development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established.

(6)

Agreement and understanding that no part of the zoning agreement shall permit any activity, use, or condition that would otherwise not be permitted in the proposed zoning district.

(7)

A legal description of the land to which the agreement pertains.

(8)

Any other provisions as are agreed upon by the parties.

Future rezonings. Nothing in the zoning agreement, nor any statement or other provision, shall prohibit the Township from later rezoning all or any portion of the land that is the subject of the zoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act, Public Act 110 of 2006.

Compliance with agreement. Failure to comply with the zoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this chapter, and further use of the property may be subject to legal remedies available to the Township.